Bharatiya Nagarik Suraksha Sanhita, 2023
Section 231 BNSS - Supply of Copies of Statements and Documents to Accused in Other Cases Triable by Court of Session
Section 231 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies where a case is instituted otherwise than on a police report and the Magistrate issuing process under Section 227 considers that the offence is triable exclusively by the Court of Session. In that situation, specified statements and prosecution documents must be furnished to the accused free of cost.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. It came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 231 BNSS
231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:-
(i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate;
(ii) the statements and confessions, if any, recorded under section 180 or section 183;
(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:
Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court:
Provided further that supply of documents in electronic form shall be considered as duly furnished.
Meaning of Section 231 BNSS
Section 231 is a disclosure safeguard for cases that do not originate from a police report but are nevertheless triable exclusively by the Court of Session. Before such a case is committed to the Sessions Court, the accused must receive the statements and documents specified in the section without charge.
The obligation arises when the Magistrate issuing process under Section 227 BNSS forms the view that the offence is triable exclusively by the Court of Session.
When Does Section 231 Apply?
Documents and Statements to Be Supplied
- Statements recorded under Section 223 or Section 225 of all persons examined by the Magistrate.
- Statements and confessions, if any, recorded under Section 180 or Section 183.
- Documents produced before the Magistrate on which the prosecution proposes to rely.
Relevant Cross-Referenced BNSS Provisions
Section 223 BNSS - Examination of Complainant
Section 223 governs examination of the complainant and witnesses in the circumstances covered by that provision. Statements recorded at that stage fall within Section 231(i) when the case satisfies the conditions of Section 231.
Section 225 BNSS - Postponement of Issue of Process
Section 225 permits postponement of issue of process and provides for inquiry by the Magistrate or investigation in accordance with that section. Statements of persons examined by the Magistrate under this stage are included in Section 231(i).
Section 180 BNSS - Examination of Witnesses by Police
Section 180 deals with examination by police of persons acquainted with the facts and circumstances of the case. Section 231(ii) expressly refers to statements recorded under Section 180.
Section 183 BNSS - Recording of Confessions and Statements
Section 183 governs recording of confessions and statements by the competent Magistrate in the circumstances specified there. Such statements and confessions, if any, are covered by Section 231(ii).
Voluminous Documents
If a prosecution document is voluminous, the Magistrate may direct that the accused be allowed to inspect it personally or through an advocate in Court instead of receiving a physical copy.
The second proviso expressly recognises electronic furnishing: supply of documents in electronic form is deemed to be duly furnished.
Relationship With Section 230 BNSS
Section 230 BNSS applies where proceedings are instituted on a police report. Section 231 covers the complementary category: cases instituted otherwise than on a police report which appear to be triable exclusively by the Court of Session.
Relationship With Section 232 BNSS
Section 232 BNSS governs commitment of a case to the Court of Session when the offence is triable exclusively by it. Section 232 expressly requires compliance with Section 230 or Section 231, as applicable, before the case is committed.
Section 232 also provides a time framework for the committal proceedings and requires the Magistrate to send the record, documents and articles to the Court of Session and notify the Public Prosecutor.
Corresponding Provision Under the CrPC
Section 231 BNSS broadly corresponds to Section 208 of the Code of Criminal Procedure, 1973, which dealt with supply of copies of statements and documents to an accused in cases instituted otherwise than on a police report and triable exclusively by the Court of Session.
Key Points Under Section 231
- The case must be instituted otherwise than on a police report.
- The offence must appear to be triable exclusively by the Court of Session.
- The Magistrate must furnish the required material forthwith.
- The material is supplied to the accused free of cost.
- Statements under Sections 223 and 225 are included.
- Statements and confessions under Sections 180 and 183 are included.
- Prosecution documents produced before the Magistrate are included.
- Voluminous documents may be made available for inspection in Court.
- Electronic supply is expressly treated as valid furnishing.
- Compliance with Section 231 is relevant before commitment under Section 232.